U.S. Court of Appeals for the Ninth Circuit, 2010

Terence Finch v. Eric H. Holder Jr.

Terence Finch v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 16, 2010 · Alarcón, Leavy, Graber
387 F. App'x 800

Terence Finch v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Terence John Finch, a native and citizen of England, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review. We lack jurisdiction to review the BIA’s discretionary determination that Finch failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

The evidence Finch presented with his motion to remand concerned the same basic hardship grounds as his application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir. 2006). We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence was insufficient to establish a prima facie case of hardship. See id. at 601.

*801 Finch’s remaining contentions are unavailing.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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